Page:United States Statutes at Large Volume 113 Part 3.djvu/74

113 STAT. 1592 PUBLIC LAW 106-117—NOV. 30, 1999 "(2) Nothing in this section affects the right of a judge who retired under chapter 83 or 84 of title 5 to serve as a reemployed annuitant in accordance with the provisions of title 5.". (b) CLERICAL AMENDMENT. —The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7256 the following new item: "7257. Recall of retired judges.". SEC. 1022. JUDGES' RETIRED PAY. (a) IN GENERAL. —Subsection (c)(1) of section 7296 is amended by striking "at the rate of pay in effect at the time of retirement." and inserting the following: "as follows: "(A) In the case of a judge who is a recall-eligible retired judge under section 7257 of this title or who was a recedleligible retired judge under that section and was removed from recall status under subsection (b)(4) of that section by reason of disability, the retired pay of the judge shall be the pay of a judge of the court. "(B) In the case of a judge who at the time of retirement did not provide notice under section 7257 of this title of availability for service in a recalled status, the retired pay of the judge shall be the rate of pay applicable to that judge at the time of retirement. "(C) In the case of a judge who was a recall-eligible retired judge under section 7257 of this title and was removed from recall status under subsection (b)(3) of that section, the retired pay of the judge shall be the pay of the judge at the time of the removal from recall status.". (b) CosT-OF-LiviNG ADJUSTMENTS.—Subsection (f) of such section is amended by adding at the end the following new paragraph: "(3)(A) A cost-of-living adjustment provided by law in annuities payable under civil service retirement laws shall apply to retired pay under this section only in the case of retired pay computed under paragraph (2) of subsection (c). "(B) If such a cost-of-living adjustment would (but for this subparagraph) result in the retired pay of a retired judge being in excess of the annual rate of pay in effect for judges of the Court as provided in section 7253(e) of this title, such adjustment may be made only in such amount as results in the retired pay of the retired judge being equal to that annual rate of pay (as in effect on the effective date of such adjustment).". SEC. 1023. SURVIVOR ANNUITIES. (a) SURVIVING SPOUSE. —Subsection (a)(5) of section 7297 is amended by striking "two years" and inserting "one year". (b) ELECTION TO PARTICIPATE.—Subsection (b) of such section is amended in the first sentence by inserting before the period "or within six months after the date on which the judge marries if the judge has retired under section 7296 of this title". (c) REDUCTION IN CONTRIBUTIONS.— Subsection (c) of such section is amended by striking "3.5 percent of the judge's pay" and inserting "that percentage of the judge's pay that is the same as provided for the deduction from the salary or retirement salary of a judge of the United States Court of Federal Claims for the purpose of a survivor annuity under section 376(b)(1)(B) of title 28".